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NEW ELK COAL <br />COMPANY <br /> <br />August 21, 2010 <br />Mr. Kent Gorham <br />Colorado Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />0 <br />BUG 2.51p <br />Jd?M <br />0 ?Ifitdng avid S <br />Re: New Elk Mine (Permit No. C-1981-012) <br />Permit Revision Application No. 2 (PR-2) - New Mine Plan <br />Response to Completeness Review <br />Dear Mr. Gorham: <br />We have received the CDRMS completeness review items and have revised the <br />permit application to conduct coal mining in Colorado to include responses to the <br />items as appropriate. <br />1. The cover letter and the public notice refer to the application as a <br />technical revision. Technical revisions are only allowed for incidental <br />permit boundary changes. The application request expansion of the <br />permit boundary by nearly 2600 acres, and as such, can only be <br />processed as a Permit Revision as defined by Rule 1.04(90). <br />The application was initially submitted as a technical revision because the <br />proposed permit boundary was previously permitted in 1989. The application <br />has been modified from a technical revision to a permit revision. The <br />application submitted PR-02 includes the following items: <br />122 W. First Street I PHONE I (719) 845-0090 <br />Trinidad, CO 81082 FAX ((719) 845-0077 <br />E-MAIL ronthompson@newelkcoal.com